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Minutes 2007-01-23 MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, JANUARY 23, 2007 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:15 p.m. 2. ROLL CALL City Council/RDA: Council/Board Members Joe Costello, Jim Guthrie, Chuck Fellows, Mayor Pro TemNice Chair Ed Arnold, and Mayor/Chair Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Police Chief Tony Aeilts. Director of Public Works Don Spagnolo. and Director of Community Development Rob Strong. 3. FLAG SALUTE Charles Howell and Aimee Clayton. representing Veterans of Foreign Wars, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation - Recognizing Terry Fibich, Director of Building and Fire, Upon His Retirement from City Service. Mayor Ferrara presented Terry Fibich with a Proclamation honoring him upon his retirement from City service as the Director of Building and Fire. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council/Board Member Costello moved, Mayor Pro TernNice Chair Arnold seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS None. 8. CONSENT AGENDA Mayor/Chair Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. There were no public comments received. Mayor/Chair Ferrara requested that Item 8.e. be pulled for discussion. Action: Council/Board Member Costello moved, and Council/Board Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.k.. with the exception of Item 8.e.. with the recommended courses of action. The motion passed on the following roll-call vote: Minutes: City Council/Redevelopment Agency Meeting Tuesday, January 23, 2007 Page 2 AYES: NOES: ABSENT: Costello, Guthrie, Fellows, Arnold, Ferrara None None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period December 16, 2006 through January 15, 2007. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report of current Investment Deposits as of December 31, 2006. 8.c. Consideration of Annual Adjustment of Sewer Connection Fees Based on Changes in the Engineering News Record Construction Cost Index. Action: Adopted Resolution No. 3987 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING SEWER CONNECTION FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX'. 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Special (Closed Session) City Council Meeting of January 9, 2007 and the Regular City Council/Redevelopment Agency Meeting of January 9, 2007, as submitted. 8.f. Consideration of Formation of a Public Financing Authority (PFA), Joint Exercise of Powers Agreement, Subordination Letter to Other Taxing Agencies and Election of Officers to PFA for the Purpose of Issuing Redevelopment Agency Tax Allocation Bonds. [CC/RDA] Action: 1) Adopted Resolution No. 3988 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING FORMATION OF THE CITY OF ARROYO GRANDE PUBLIC FINANCING AUTHORITY WITH THE ARROYO GRANDE REDEVELOPMENT AGENCY AND EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT'; and adopted Resolution No. RDA 07-01 as follows: "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ARROYO GRANDE REDEVELOPMENT AGENCY AUTHORIZING FORMA TION OF THE CITY OF ARROYO GRANDE PUBLIC FINANCING AUTHORITY WITH THE CITY OF ARROYO GRANDE AND EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT"; 2) Authorized the City Manager/Executive Director to contact other taxing agencies to seek their agreement to subordinate their rights to pass-through tax payments to the funding that will be required to service the new tax allocation bond issue; and 3) election by the Board of Directors of the newly formed PFA of the Chair, Vice-Chair and Secretary of the Redevelopment Agency to serve as the Chair, Vice-Chair and Secretary of the PFA. 8.g. Consideration of a Resolution Accepting Public Improvements and Easements for Parcel Map AG 03-0115, Located at 1169 Maple Street, Constructed by Millissee Thompson. Action: Adopted Resolution No. 3989 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND IMPROVEMENTS FOR PARCEL MAP AG 03-0115, LOCATED AT 1169 MAPLE STREET, CONSTRUCTED BY MILLlSSEE THOMPSON". Minutes: City Council/Redevelopment Agency Meeting Tuesday, January 23, 2007 Page 3 8.h. Consideration of a Resolution Accepting Public Improvements for Conditional Use Permit 04-005, Located at W. Branch Street and Traffic Way, Constructed by John RobascioUi. Action: Adopted Resolution No. 3990 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING IMPROVEMENTS FOR CONDITIONAL USE PERMIT 04-005 CONSTRUCTED BY JOHN ROBASCIOTTf'. 8.i. Consideration of a Resolution Accepting Public Improvements and Easements for Tract 2310-1, Parkview, Located on the East Side of Dixson Street, Constructed by S&S Homes of the Central Coast. Action: Adopted Resolution No. 3991 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND IMPROVEMENTS FOR TRACT 2310-1, PARKVIEW, LOCATED ON THE EAST SIDE OF DIXSON STREET, CONSTRUCTED BY S&S HOMES". 8.j. Consideration of a Resolution Accepting Public Improvements and Easements for Conditional Use Permit 04-002, St. John's Lutheran Church, Located at Valley Road and Los Berros Road, Constructed by St. John's Lutheran Church Action: Adopted Resolution No. 3992 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND IMPROVEMENTS FOR ST. JOHN'S LUTHERAN CHURCH", and authorized the Mayor to execute Certificates of Acceptance for the Easement Deed and Irrevocable and Perpetual Offer to Dedicate Public Water Main Easement. 8.k. Consideration of a Resolution Accepting Public Improvements and Easements for Tract 2709, Spanish Oaks, Located at the Northeast Corner of Maple and S. Elm Street, Constructed by ME Real Estate Development Action: Adopted Resolution No. 3993 as follows: "A RESOLUTION OF THE CITY COUNICL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND IMPROVEMENTS FOR TRACT 2709, SPANISH OAKS, LOCATED AT THE NORTHEAST CORNER OF MAPLE AND S. ELM STREETS, CONSTRUCTED BY ME REAL ESTA TE DEVELOPMENT'. 8.e. Consideration of Council Appointments to Various Commissions, Boards, and Committees. Recommended Action: Approve the appointments to various City Commissions, Boards, and Committees. Mayor Ferrara stated that he had received feedback from members on the Senior Advisory Commission about meeting on an as needed basis, similar to the Downtown Parking Advisory Board. Following discussion, Council directed staff to follow-up on the process necessary to change the Senior Advisory Commission regular meeting schedule. Mayor Ferrara moved to approve the appointments to various City Commissions, Boards, and Committees as recommended. Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Ferrara, Costello, Guthrie, Fellows, Arnold None None Minutes: City Council/Redevelopment Agency Meeting Tuesday, January 23, 2007 Page 4 9. PUBLIC HEARING 9.a. Consideration of a Resolution Adjusting the In-Lieu Fee for Off-Street Parking in the Village Parking and Business Improvement District Associate Planner Bergman presented the staff report and stated the Downtown Parking Advisory Board (DPAB) recommended that the City Council adopt a Resolution increasing the in-lieu fee for off-street parking in the Village Parking and Business Improvement District to $24,000 per space. Staff responded to questions from Council concerning the proposal. Mayor Ferrara opened the public hearing. Susan Flores, E. Branch Street, referred to mixed use developments in the Village, specifically the development located across the street from her residence. She expressed concern about commercial tenants installing garage doors, which are eliminating spaces for onsite guest parking, and vehicles are now parking on E. Branch Street. She stated if the City is promoting mixed use, developers should pay an in-lieu fee or be fined. She suggested an ordinance be passed implementing fines when there are impacts to residential neighborhoods. Hearing no further public comments, Mayor Ferrara closed the public hearing. Council discussion and comments ensued in support of the proposed in-lieu fee; a suggestion to review the fee every six months or annually due to the rise in construction costs; and a request to follow up on Ms. Flores' comments concerning parking requirements for mixed-use developments. Action: Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING THE IN-LIEU FEE FOR OFF-STREET PARKING IN THE VILLAGE PARKING AND BUSINESS IMPROVEMENT DISTRICT". Council Member Fellows seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Costello, Fellows, Guthrie, Arnold, Ferrara None None 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS ITEM None. 12. CITY COUNCIL REPORTS a. MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Next meeting is in February. The Executive Board has met and there will be a change of officers. County Supervisor Patterson will be Minutes: City Council/Redevelopment Agency Meeting Tuesday, January 23, 2007 Page 5 incoming Chair and an election will be held for Vice-Chair. Reviewing work plan for 2007; reviewing funding issues related to measures passed in the November election. Meeting with James Worthley regarding Brisco/Halcyon/101 Interchange project as it relates to the 2008 funding cycle. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Reported that periodic sampling of effluent showed trace amounts of DOT, the source of which is not yet known; may be facing fines. New Board is in place; Larry Versaw is representing Grover Beach, Jim Hill is representing OCSO, and Mayor Ferrara is remaining as Chair and representing Arroyo Grande for the coming year. (3) Other. None. b. MAYOR PRO TEM ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). Last meeting was cancelled. Next meeting is in March. (2) Economic Vitality Corporation (EVC). Meets tomorrow. (3) Other. Attended the Housing Task Force meeting for the League of California Cities. c. COUNCIL MEMBER JOE COSTELLO: (1) Zone 3 Water Advisory Board. Met last week; reported normal operations and expenditures; will be serving as Vice-Vice Chair since there is no longer a Chair. (2) Air Pollution Control District (APCD). Meets tomorrow. (3) Fire Oversight Committee. Next meeting is on Friday. (4) Fire Consolidation Oversight Committee. Next meeting is on Friday. (5) Other. None. d. COUNCIL MEMBER JIM GUTHRIE: (1) South County Area Transit (SCAT). No report. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) Other. Attended January WRAC meeting as the Alternate. Reported there has been a final settlement of the Santa Maria groundwater basin litigation. Considered whether WRAC should recommend to the Board of Supervisors whether the County should sit on the Central Coast State Water Resources Control Board and a subcommittee will meet to put together a proposal for recommendation to the Supervisors. Also discussed North County issues, including use of State water for groundwater banking as a means to increase the safe yield of the groundwater basin. e. COUNCIL MEMBER CHUCK FELLOWS: (1) South County Youth Coalition. Meets on Thursday. (2) County Water Resources Advisory Committee (WRAC). Thanked Council Member Guthrie for attending the WRAC meeting while he attended the League of California Cities meetings in Sacramento. (3) Other. None. 13. CITY COUNCIL MEMBER ITEMS: Council Member Costello stated he just noticed the minutes approved earlier indicated he was absent and requested that clerical changes be made to indicate he was present. Minutes: City Council/Redevelopment Agency Meeting Tuesday, January 23, 2007 Page 6 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Council Member Fellows referred to the issue concerning the trace amounts of DOT found by the Sanitation District and inquired whether it could be possible a container full of DOT was thrown into Arroyo Grande Creek years ago and has rusted through. Mayor Ferrara responded it was found in the sewage effluent inside a pipe that came into the plant and did not think it carne out of the creek. In response to a question from Council Member Fellows about groundwater banking, Council Member Guthrie stated the WRAC subcommittee would be reviewing and evaluating the issue. 16. STAFF COMMUNICATIONS: City Manager Adams announced that a Commissioner's Orientation has been scheduled for Wednesday, February 14, 2007 from 3:30 to 5:30 p.m. He further announced that a letter of resignation had been received from Dan Hernandez, Director of Parks, Recreation, and Facilities, who has accepted a position as Director of Parks for the County of Santa Barbara. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor/Chair Ferrara adjour ed the meeting at 8:10 p.m. ATTEST: u.Jt 11L- y Clerk/Agency Secretary J.-/:J-().oo'7 (Approved at C